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Defence and Security Procurement Directive: Remedies London 8 June 2011 Defence and Security Procurement Directive: Remedies London 8 June 2011 Dr. Aris.

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Presentation on theme: "Defence and Security Procurement Directive: Remedies London 8 June 2011 Defence and Security Procurement Directive: Remedies London 8 June 2011 Dr. Aris."— Presentation transcript:

1 Defence and Security Procurement Directive: Remedies London 8 June 2011 Defence and Security Procurement Directive: Remedies London 8 June 2011 Dr. Aris GEORGOPOULOS Head of Research Unit on Defence and Strategic Procurement, PPRG Law School, University of Nottingham

2 -EU Institutional/Constitutional Context -Enforcement -Issues arising -Conclusions Outline

3 THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP

4 This differentiation in the intensity of integration refers primarily to the following:This differentiation in the intensity of integration refers primarily to the following: a)Decision making process- instruments b)Role of the European Commission c)Adjudication role of the Court of Justice of the EU d) Role of the European Parliament Accordingly: Accordingly: -Internal Market -> high degree of intensity of integration (supranational) -CFSP/CSDP -> lower intensity, limited role for Commission, CJEU, Parliament (intergovernmental) EU Institutional/Constitutional Context

5 THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP Defence Procurement Offsets (civilian) Offsets (defence)

6 THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP Defence Procurement Directive Code of Conduct Defence Procurement (EDA) Guidance on Offsets??? Code of Conduct on Offsets (EDA)

7 EU Level: - Commission or MS instituted Proceedings before CJEU - Corrective Mechanism (Art. 63 Dir) Enforcement

8 National Level: - Administrative Remedies:  If MS require contractor to seek review from CA first → must provide automatic suspension of possibility to conclude the contract (Art 55 (6) Dir) Enforcement

9 National Level: - Legal remedies/mechanisms:  Interim Relief and other measures (Art 56 Dir)  Set aside (Art 56 Dir)  Damages (Art 56 Dir) Enforcement

10 National Level: - Legal remedies/mechanisms:  Stand still period (Art 57 Dir)  Ineffectiveness (Art.60 Dir)  Alternative Penalties (Art. 61 Dir) Enforcement

11 - Can MSs limit the availability of these remedies only to EU based economic operators? - Can these remedies provide adequate enforcement? - Can national Courts review the use of Article 346 TFEU? Issues arising

12 - Remedies in defence and security procurement are meant to provide the “teeth” of the new regime. - The new framework uses the complete panoply of the acquis in the area of procurement remedies - Its success will depend upon: a) The willingness of contractors to use these remedies (Country specific at least at the beginning) b) Separation of powers and judicial activism – Country specific (see Germany) Conclusions

13 Dr Aris GEORGOPOULOS School of Law University of Nottingham Public Procurement Research Group Nottingham NG7 2RD UK Email: aris.georgopoulos@nottingham.ac.uk aris.georgopoulos@nottingham.ac.uk Webpage: http://www.nottingham.ac.uk/Law/Staff-Lookup/aris.georgopoulos http://www.nottingham.ac.uk/Law/Staff-Lookup/aris.georgopoulos PPRG/DSPUnit: http://www.nottingham.ac.uk/pprg/units/defstratprocurement.aspx http://www.nottingham.ac.uk/pprg/units/defstratprocurement.aspx Thank You

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